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| Foreword | |
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| Preface | |
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| Preface to the Expanded Edition | |
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| Introduction | |
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| The First American Constitutions | |
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| Republicanism, Federalism, and Constitutionalism | |
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| The English Constitution in the Eighteenth Century | |
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| The Colonists' Theory of Empire | |
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| The American Concept of a Constitution | |
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| The Founding Spirit | |
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| Government by Congresses and Committees, 1773-1776 | |
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| The Assumption of Power | |
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| Units of Revolutionary Action | |
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| A Case Study: The Assumption of Power in Massachusetts | |
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| The Committees of Correspondence and the First Continental Congress | |
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| The End of Government by Congresses and Committees | |
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| The Role of the Continental Congress, 1775-1776 | |
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| Massachusetts Requests Advice | |
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| A Model Constitution for All the States? | |
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| The Initiatives of New Hampshire, South Carolina, and Virginia | |
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| The Resolution of May 10 and 15, 1776 | |
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| "Choosing Deputies to Form a Government": The Making of the First State Constitutions | |
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| Organizing the "Constituent Power" | |
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| Connecticut and Rhode Island | |
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| The State Constitutions, 1776-1780 | |
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| Constituent Power on the Frontier | |
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| Practical Limits of the Constituent Power | |
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| "Republic" and "Democracy" in Political Rhetoric | |
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| "Republican" as a Smear Word | |
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| Criticism of Monarchical Government | |
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| Avowal of Republicanism | |
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| "Republic" and "Democracy" as Synonyms | |
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| The Federalists' Usage in 1787 | |
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| Forms versus Principles of Government: Harnessing Enlightenment Ideas to Anglo-American Institutions | |
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| Forms versus Principles | |
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| Thomas Paine and John Adams | |
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| Ten Principles of Republican Government | |
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| Popular Sovereignty | |
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| A European Perspective | |
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| Sovereignty Modified by Federalism | |
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| The Sovereignty Clauses in the State Constitutions | |
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| The Right to Resist Government | |
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| The Right to Change a Constitution | |
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| Sovereignty Limited by Civil Rights | |
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| Popular Sovereignty as the Criterion of Political Radicalism | |
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| Liberty | |
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| An Asylum for Which Liberty? | |
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| English Liberties and the Debate on Colonial Government and Independence | |
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| Liberty and Liberties in the State Constitutions | |
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| Liberty and Law | |
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| Liberty and Property | |
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| Equality | |
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| Equality in the Empire | |
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| Equality in the Declaration of Independence | |
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| Equality Clauses in the Bills of Rights | |
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| Education and Property as Factors of Inequality | |
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| Race as a Factor of Inequality | |
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| Members Only | |
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| Property | |
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| The Colonists and the "Natural Right of Property" | |
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| Property Clauses in the State Constitutions | |
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| Primogeniture and Entail | |
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| Property Qualifications for Voting | |
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| The Restrictive Effect of Property Qualifications | |
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| Justification and Criticism of Property Qualifications | |
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| The Common Good | |
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| The Common Good versus Colonial Rule | |
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| The Common Good in the State Constitutions | |
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| "Public good is, as it were, a common bank" | |
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| Parties, Representation, and the Common Good | |
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| Representation | |
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| "Virtual" Representation and the Colonial Assemblies | |
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| Representative Democracy | |
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| Equal Representation | |
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| Composition of Houses of Representatives and Senates | |
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| Short Terms of Office | |
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| Instructions: Direct Popular Influence on Legislation | |
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| The Public Eye | |
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| Rotation in Office | |
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| A Comparative Outlook | |
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| The Separation of Powers | |
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| Colonial Origins | |
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| Simple Government Rejected | |
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| Unicameral versus Bicameral Legislature | |
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| Separation Clauses in the State Constitutions | |
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| Beginnings of the Presidential System | |
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| Federalism | |
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| Independence and Federation | |
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| The Continental Congress in 1774 and 1775 | |
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| The Articles of Confederation, 1776-1778 | |
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| The Classic Issues: Representation and Regionalism | |
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| The State Constitutions and the Powers of the Confederation | |
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| Prospects for a New National Constitution | |
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| The State Constitutions' Analogies and Precedents for the United States Constitution | |
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| Instances of Reasoning by Analogy in 1787 | |
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| Institutional Precedents: Presidents, Impeachment and the Senate | |
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| Procedural Precedents: Making, Ratifying and Amending a Constitution | |
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| Declarations of Rights | |
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| Conclusion | |
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| Testing the Republicanism versus Liberalism Hypotheses | |
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| American Republicanism in the Context of European Liberalism | |
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| "Republican" and "Democratic" Principles | |
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| Liberal Checks on Power | |
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| Conclusions and Suggestions for Further Study of the Revolutionary Period's | |
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| Republicanism | |
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| Appendixes | |
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| Property Qualifications in First State Constitutions and Election Laws | |
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| Rotation in Office as Stipulated in Constitutions from 1776 to 1780 | |
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| Bibliography | |
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| Supplementary Bibliography | |
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| Index | |